I haven't gotten paid

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hoodoo creek

hoodoo creek

New Member
Jurisdiction
Idaho
I went to work for a small contractor. Via texts, we agreed upon $25 an hour in cash, off record. The contractor gave me a $200 draw, then a $500 over the course of 7 weeks, just keep stringing me out on payment. After putting in 116 hours and charging $216 in materials for his job to my personal builders account, I backed off working for him. He agreed to pay me, but gave me a check for $1750 on a Friday, then cash me out in Monday. Yet another lie. I worked another 10 hours and he again just kept stringing me out. I finally quit. Now, he won't pay unless I submit a business license and insurance. We agreed on cash, by the hour. What can I do to get my remaining $916? Guy just ignored me now. Any good advice appreciated!
 
hoodoo creek said:
Any good advice appreciated!
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Yep, that's how contractors operate.

$916. Small price to pay for a life lesson from the school of hard knocks.

In addition to small claims court you can report him to the Idaho wage and hour regulatory agency. How he hired you is probably illegal. Understand, though, that once you get this on record, you have to pay taxes on the money he paid you.
 
hoodoo creek said:
I went to work for a small contractor. Via texts, we agreed upon $25 an hour in cash, off record. The contractor gave me a $200 draw, then a $500 over the course of 7 weeks, just keep stringing me out on payment. After putting in 116 hours and charging $216 in materials for his job to my personal builders account, I backed off working for him. He agreed to pay me, but gave me a check for $1750 on a Friday, then cash me out in Monday. Yet another lie. I worked another 10 hours and he again just kept stringing me out. I finally quit
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You can file a small claims case, however, you ADMITTED above that you agreed to work "off the record",, as in no tax deductions and/or social security contributions.

That'll be difficult, perhaps impossible for a lawful court to condone and support.

In the future, don't become a party to a criminal conspiracy. It is appropriate to engage in legitimate work arrangements, not criminal, tax avoidance schemes!!!!
 
hoodoo creek said:
Now, he won't pay unless I submit a business license and insurance.
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If you were working in Idaho without a contractor's license, I would walk away from the money you are still owed. You would not have the right to sue, and it is a misdemeanor punished by a fine of no more than $1,000 or imprisonment for each violation.

Q: What if I am not exempt and I practice without a registration?

A: If you fail to register and practice, the following penalties apply:

  • No Building Permits – You cannot obtain a building permit.
  • No Lien Rights – You waive any right to a lien on real property.
  • No Contract Rights – You lose your right to sue to collect money for your work under any contract for which you were required to be registered.
  • Misdemeanor: Any person acting in the capacity of a contractor as defined and who does not have a current registration as required shall be guilty of a misdemeanor. Upon conviction, each violation shall be punished by a fine of no more than $1,000 or by imprisonment in the county jail for a term not to exceed six (6) months, or by both, in the discretion of the court.
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Frequently Asked Questions (FAQ)
 
The courts don't like helping a criminal get paid by another criminal.
 
Zigner said:
The courts don't like helping a criminal get paid by another criminal.
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Wow, I had no idea getting paid cash by the hour for a little temporary help constituted being a criminal. I've been a criminal since age 8 in1975 when I helped old lady Selma Chapman weed her garden for $1 an hour, cash Apparently law enforcement is still on the hunt for me. This is exciting!
 
hoodoo creek said:
Wow, I had no idea getting paid cash by the hour for a little temporary help constituted being a criminal. I've been a criminal since age 8 in1975 when I helped old lady Selma Chapman weed her garden for $1 an hour, cash Apparently law enforcement is still on the hunt for me. This is exciting!
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Oh brother!

You conspired not to pay taxes. The fact that you talked about it being "off the record" before you started the work means you knew it wasn't legal at the time.
Additionally, you failed to comply with licensing and/or permitting requirements.
 
hoodoo creek said:
I was just being paid by the hour as we both agreed in texts. He agreed to pay me cash.
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Here is your problem. You are going to claim that you were just an hourly employee of this guy getting paid cash, and he is going to claim that you were acting as an independent contractor supplying materials and using your own tools and working unsupervised. That is clear from him now asking you for your license and proof of insurance. If you try to sue for what he owes you, you may find that a court finds that you were working as an unlicensed contractor.

I would not call you a criminal as some have said. Getting paid cash for your work is not a crime. What would be a crime is not reporting the income from your side when the time comes, and the guy not keeping records and paying the necessary withholding taxes from his side if you were an employee. But that is his problem, not yours.
 
Zigner said:
You conspired not to pay taxes. The fact that you talked about it being "off the record" before you started the work means you knew it wasn't legal at the time.
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I guess you are not aware that there is a cash economy (sometimes called the shadow economy) in the US, and it is not at all, all nefarious. Thousands of businesses transactions are paid by cash every day in legitimate business transaction. In the construction industry, just go to your local Home Depot or Lowes at 5:00 AM and watch contractors hire day workers for cash. That is not illegal. In the second quarter of 2023, U.S. GDP was estimated at $27.06 trillion, which puts the underground economy somewhere between $1.7 trillion and $3.2 trillion.

Are all those workers conspiring not to pay taxes? It's not a conspiracy. Off the record might mean that the hired person will not get a W2 or 1099 and will not be credited for his work in the SS system. But it does not mean that the worker will be evading taxes if they are required to report income and pay taxes. If the employee pays his taxes at the end of the year, he/she has done nothing wrong.

On the other hand, it is the employer that may be doing something wrong. They may not be paying accurate workman's comp, they may not be compensating and paying withholding taxes, etc.
 
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welkin said:
Here is your problem. You are going to claim that you were just an hourly employee of this guy getting paid cash, and he is going to claim that you were acting as an independent contractor supplying materials and using your own tools and working unsupervised. That is clear from him now asking you for your license and proof of insurance. If you try to sue for what he owes you, you may find that a court finds that you were working as an unlicensed contractor.

I would not call you a criminal as some have said. Getting paid cash for your work is not a crime. What would be a crime is not reporting the income from your side when the time comes, and the guy not keeping records and paying the necessary withholding taxes from his side if you were an employee. But that is his problem, not yours.
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I simply had no idea. The funny thing here, is that this is through the building of a facility for my wife's church and they seem to be okay with my hard work being for free. I wasn't and left that church and haven't been back, but 3 of the higher ups completely broke off communication. To them I said "enjoy my money", because I'm absolutely not allowing my wife to contribute any more of my income to that church.
 
hoodoo creek said:
I simply had no idea. The funny thing here, is that this is through the building of a facility for my wife's church and they seem to be okay with my hard work being for free. I wasn't and left that church and haven't been back, but 3 of the higher ups completely broke off communication. To them I said "enjoy my money", because I'm absolutely not allowing my wife to contribute any more of my income to that church.
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It doesn't surprise me that this had to do with a church. I worked with a contractor that did all the work for his church years ago. He would say that he would pay me $X for 5 days labor. Sometimes I got it and sometimes I didn't. When I didn't, he would say he hadn't been paid. One would think that the church would be honest. Go figure.
 
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welkin said:
I guess you are not aware that there is a cash economy (sometimes called the shadow economy) in the US, and it is not at all, all nefarious. Thousands of businesses transactions are paid by cash every day in legitimate business transaction. In the construction industry, just go to your local Home Depot or Lowes at 5:00 AM and watch contractors hire day workers for cash. That is not illegal. In the second quarter of 2023, U.S. GDP was estimated at $27.06 trillion, which puts the underground economy somewhere between $1.7 trillion and $3.2 trillion.
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Damn, that's the first I've heard of it (smh)

By definition, the "underground economy" is illegal.
welkin said:
Are all those workers conspiring not to pay taxes? It's not a conspiracy. Off the record might mean that the hired person will not get a W2 or 1099 and will not be credited for his work in the SS system. But it does not mean that the worker will be evading taxes if they are required to report income and pay taxes. If the employee pays his taxes at the end of the year, he/she has done nothing wrong.

On the other hand, it is the employer that may be doing something wrong. They may not be paying accurate workman's comp, they may not be compensating and paying withholding taxes, etc.
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In this case, our OP conspired to avoid income reporting and taxation requirements.
 
Zigner said:
In this case, our OP conspired to avoid income reporting and taxation requirements.
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He did nothing of the sort and that is a fact. You have nothing that even points to your accusation except your predisposition to think the worst of people. You know nothing about the OP. He is probably a law-abiding citizen that reports his income and pays his taxes.

It's time for you to stop making your assumptions about the people that post here.
 
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welkin said:
He did nothing of the sort and that is a fact. You have nothing that even points to your accusation except your predisposition to think the worst of people. You know nothing about the OP. He is probably a law-abiding citizen that reports his income and pays his taxes.
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Except, ya know, for the illegal arrangement he described entering into above.
welkin said:
It's time for you to stop making your assumptions about the people that post here.
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Sorry, there was a whine in my ear while reading that. I couldn't quite make it out.
 
Zigner said:
Except, ya know, for the illegal arrangement he described entering into above.
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Well, ya know, you will have to show me one statute, regulation, or law that says receiving cash for labor as an employee, is illegal for someone to accept or ask for. The illegal part is on the part of an employer if they don't keep records, or withhold required taxes and pay them, or pay into workman's comp, or unemployment, or SS, or Medicare.

If you can't find any, then link to just one case (in any jurisdiction, state or federal) that shows asking for and accepting cash or working under the table, or off the record is illegal for the employee.

And, well, ya know, that independent contractors and small business accept cash all the time. That doesn't mean that they don't report income and comply with all applicable laws.
Zigner said:
Sorry, there was a whine in my ear while reading that. I couldn't quite make it out.
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Then I suggest you make an appointment with an audiologist and have that checked out. It may just be ear wax. ;)
 
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